STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: LORENZO LAKES, A JOINT )

VENTURE AND LORENZO LAKES ) CASE NO. 75-306 UTILITIES, INC. CONSUMPTIVE- ) APPLICATION NO. 75-0023 USE PERMIT APPLICATION )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on June 2, 1975, at 1:00 p.m. in the Board Room, District Headquarters, Southwest Florida Water Management District, U.S. 41 South, Brooksville, Hernando County, Florida.

APPEARANCES

Applicant: Joseph Vincent Canto, Esquire Barry Elkin, Esquire

Witness: Herbert E. Hudson, President

Water and Air Research, Inc.

Permittee: J. T. Ahern, Esquire Witness: George Szell, Hydrologist

John Logan, Water Resources Director Hillsborough County

Member of the general public: Sally Casper

ISSUE

Whether a consumptive-use permit for quantities of water as applied for should be granted.

FINDINGS OF FACT

1. Applicant applied for a permit for a public supply of water from two

   (2) wells to accommodate 3,100 family units in Hillsborough County, Florida. Each well to be 500 feet deep and designated as "new use", i.e., a use not existing prior to January 1, 1975.

   
   

2. Well "No. 1" would draw 72,000 gallons per day and well "No. 2", 682,000 gallons per day.

   
   

3. The center of withdrawal is located at latitude 28 degrees 6' 18" North, longitude 82 degrees 29' 48" West in Hillsborough County, Florida.

   
   

4. The applicant lists 802.2 acres as being owned, leased or otherwise controlled by it.

5. Notice was published in a newspaper of general circulation, to-wit: The Tampa Tribune on April 28 and May 5, 1975, pursuant to Section 373.146,

   Florida Statutes. Notices of said public hearing were sent by certified mail to Lorenzo Lakes, A Joint Venture, Route 2, Box 737A, Lutz, Florida, and Hillsborough Dairy, Route 1, Box 115, Tampa, Florida

   
   

6. A letter was received although it was not designated a letter of objection. The author of said letter is present at this hearing. His name is Mr. John Logan, Water Resources Director, Hillsborough County, Florida. The letter suggests that action on the subject application would be inappropriate at this time inasmuch as a part of the development is to be deeded to Hillsborough County for public roadways. A specific area does not appear to be established but it may exceed 50 acres. Additional acreage may be needed for flood easements for the extension of channel "F", a proposed part of the upper Tampa Bay Watershed Project.

   
   

7. No formal letters of objection were received.

   
   

8. The following exhibits were introduced without objection:

   
   

   1. Application for permit

   2. Proof of publication

   3. Letter from Mr. John Logan

      
      

9. The witnesses were duly sworn and agreement by the parties reached on each point to be considered under Chapter 373, Florida Statutes, and the Rules and Regulations promulgated pursuant thereto, particularly Rule 16J-2.11, with the exception that certain conditions were recommended by Mr. George Szell, Hydrologist for the Permittee, and said conditions were agreed to by the Permittee.

   
   

10. Mrs. Sally Casper appeared as a member of the public questioning the need for new housing and objecting in essence to Rule 16J-2.11(2)(e) which restricts consideration of lake stages or vegetation to those not controlled by the applicant.

    
    

11. Upon the request of the Hearing Officer the parties agreed to enter into a joint order of stipulation and submit said order to the Hearing Officer. Said stipulation was received by the Hearing Officer on July 7, 1975, and is attached hereto and made a part hereof and marked "Supplement to Record".

    
    

    CONCLUSIONS OF LAW

    
    

12. The parties have properly proceeded under Chapter 373, Florida Statutes, and the rules promulgated pursuant thereto. The testimony heard and documentary evidence received permit the Governing Board of the Southwest Florida Water Management District to grant the application for a consumptive-use permit.

    
    

13. The Hearing Officer has no jurisdiction in this type of hearing to consider the validity of Rule 16J-2.11(2)(e)

RECOMMENDED ORDER

Grant Application No. 7500023 for a consumptive-use permit with the conditions thereto as enumerated in the "Supplement to Record" attached hereto and made a part hereof.

It is also recommended that the letter dated May 9, 1975, and entered in evidence and marked "Exhibit 3", to the Southwest Florida Water Management District from John Logan, Water Resources Director for Hillsborough County, Florida, be considered by the Governing Board before a final order is entered hereto.

July 23, 1975 (date) DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

1. T. Ahern, Staff Attorney George Szell, Hydrologist

   John Logan, Water Resources Director, Hillsborough County Joseph Vincent Canto, Esquire

   Barry Elkin, Esquire

   Herbert E. Hudson, President, Water and Air Research, Inc.

   
   

   "Supplement to Record" Attachment 1

   
   

   STATE OF FLORIDA DEPARTMENT OF ADMINISTRATION

   DIVISION OF ADMINISTRATIVE HEARINGS

   
   

   IN RE: LORENZO LAKES

   CONSUMPTIVE USE PERMIT DOAH CASE NO. 75-0306 APPLICATION NO. 7500023

   
   

   ORDER OF STIPULATION

   
   

   APPEARANCES:

   
   

   JOSEPH V. CARTO, ESQUIRE AND BARRY ELKIN, CO COUNSEL FOR LORENZO LAKES

   
   

   JAY T. AHERN, ATTORNEY FOR

   SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

   
   

   This matter coming on to be heard before Delphene Strickland, Hearing Officer, on Lorenzo Lakes application for Consumptive Use Permit under Rule 160, Florida Administrative Code; and it being recommended by the staff of Southwest Florida Water Management District that the evidence presented shows that the

   conditions of Rule 160-2 will be met by the applicant provided it complies with the following additional provisions being made a part of the terms of said permit which are:

   
   

   1. An observation well be constructed at a point located to be between the two wells used as the source of water in the application. A casing having an inner diameter of six (6) inches must be constructed and grouted down to the top of the Floridan Aquifer.

   2. Lorenzo Lakes, its agents and employees shall not withdraw or cause to be withdrawn from the two wells any amount of water which will cause the weekly average elevation of the potentiometric surface of the Floridan Aquifer to be less than thirty-three (33) feet above mean sea level as measured in the observation well.

   3. Water meters shall be installed on each production well for which a consumptive use permit is sought.

   4. Lorenzo Lakes shall make monthly reports to the staff of the Southwest Florida Water Management District on the static water level in the observation well; and monthly reports to District staff on the amount of water pumped from each of the production wells for the month todate of report.

The parties agree that the above provisions should be entered as part of the recommendation in the report by the Hearing Officer to the Governing Board of the Southwest Florida Water Management District to grant a consumptive use permit with these additional conditions as a part thereof.

Stipulated and Agreed this 2nd day of June, 1975.

LORENZO LAKES

BY:

Joseph V. Canto and

Barry Elkin

Attorneys for Applicant,Lorenzo Lakes SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

BY:

Jay T. Ahern, Staff Attorney

Docket for Case No: 75-000306

Orders for Case No: 75-000306